BOARD DATE:	  7 August 2012

		DOCKET NUMBER:  AR20120002775 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Combat Infantryman Badge (CIB) and issue of the medal set.

2.  The applicant states his entitlement to the CIB was omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and he did not receive the badge.  He believes this was the result of an oversight during his separation processing.

3.  The applicant provides no documentary evidence in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Army National Guard (ARNG) on 2 April 1967, and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On 13 May 1968, the applicant was ordered to active duty and assigned to Fort Carson, CO.  He was later reassigned to the Republic of Vietnam (RVN) where he arrived for duty on 22 May 1969.  His DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 22 May 1969 to
24 November 1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company C, 3rd Battalion, 39th Infantry Regiment, 9th Infantry Division from 1 June 1969 through 24 July 1969 performing duties in MOS 11B as a rifleman.  

4.  Item 38 of his DA Form 20 shows he was assigned to the 9th Administration Company, 9th Infantry Division from 25 July 1969 through 16 August 1969.  There is a pencil entry in the Principal Duty portion of item 38 indicating the applicant was with duty in Supply.  

5.  Item 38 of his DA Form 20 also shows he was assigned to Headquarters and Headquarters Company, 3d Brigade, 9th Infantry Division from 17 August 1969 through 23 November 1969 in duty MOS 11B1O, but no principal duty is listed.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of any documents or orders indicating the applicant was ever recommended for or awarded the CIB by proper authority while serving in the RVN.  The record is also void of any documents confirming the applicant personally participated in active ground combat as an infantryman with his infantry unit.

7.  On 12 December 1969, the applicant was honorably released from active duty (REFRAD) and returned to his ARNG unit.  The DD Form 214 he was issued at the time does not include the CIB in the list of earned awards.

8.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Chapter 8 contains guidance on award of badges and tabs of United States origin.  Paragraph 8-6 contains guidance on award of the CIB.  It states the three basic requirements for the CIB are that the member be an infantryman satisfactorily performing infantry duties; be assigned to an infantry unit during such time as the unit is engaged in active ground combat; and actively participate in such ground combat.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to be awarded the CIB has been carefully considered.  However, there is insufficient evidence to support this claim.  By regulation, in order to be awarded the CIB there must be evidence that a member held and served in an infantry MOS, served in a qualifying infantry unit, and was present and participated with the qualifying infantry unit while the unit was engaged in active ground combat with enemy forces.  Although the record shows the applicant held an infantry MOS and served in two qualifying infantry units, there is no evidence confirming his presence and personal participation with his qualifying infantry units while it was engaged in active ground combat with enemy forces. 

2.  Further, the applicant's record indicates he may have been performing duties as a supply clerk in the RVN for a time.  It must be presumed the lack of award of the CIB by the applicant’s chain of command in the RVN was based on his not meeting the regulatory criteria necessary to support its award.  Therefore, it would not be appropriate or serve the interest of all those who served in the RVN and faced similar circumstances to support award of the CIB.

3.  The applicant and all others concerned should know that this action related to award of the CIB in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X_  ____X____  _____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case 


are insufficient as a basis for correction of the records of the individual concerned.



      __________X_____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20120002775



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120002775



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1